RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02916

	COUNSEL: 
	
	HEARING: NO

APPLICANT REQUESTS THAT:

 His bad conduct discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was discharged for writing bad checks; however, he has made restitution.  This kind of offense occurs every day in our society and the punishment he received was too harsh.  In addition, his discharge should be upgraded because prior to his court-martial conviction, he had 18 years of outstanding service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant, a former technical sergeant (E-6), entered the Regular Air Force on 20 June 1972.

According to General Court-Martial Order No. 18 dated 11 April 1990, the applicant was sentenced to a bad conduct discharge, confinement for one year and reduction to the grade of airman basic (E-1).  According to General Court-Marital Order No. 34 dated 14 July 1994, the convening authority finally affirmed a sentence of a bad conduct discharge, confinement for one year, and reduction to the grade of airman first class (E-3).  On 29 July 1994, the applicant was discharged in the grade of airman first class, with a bad conduct service characterization.  His separation code and corresponding narrative reason for separation is JJD (Conviction by Court-Martial [Other Than Desertion]) and he was credited with 21 years, 4 months, and 15 days of active service.  On 5 October 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C); as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application based on the merits.  In accordance with Title 10 United States Code, section 1552(f), the Air Force Board for Correction of Military Records has no authority to overturn a court-martial conviction, but may, on the basis of clemency, adjust the sentence.  The applicant has not submitted any new evidence or information that casts doubt on the outcome of his trial.  The sentence adjudged and approved by the convening authority was within the permissible range for the offenses of which applicant was convicted.  In addition, the Air Force Court of Military Review, the predecessor court to the Air Force Court of Criminal Appeals, thoroughly reviewed the applicant’s case, dismissed one specification, and affirmed the remainder of the findings.  The convening authority appropriately modified the applicant’s sentence in accordance with the Court of Military Review’s holding.  The applicant has not presented, nor did AFLOA/JAJM identify, any reason to further amend the applicant’s sentence.  In view of the applicant’s post-service accomplishments, the Board may determine whether an upgrade based on clemency is warranted.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 May 2018 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  The Board finds no evidence that indicates the sentence of the military court was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice.  The Board also considered the applicant’s overall quality of service, the seriousness of the offenses of which the applicant was convicted, and all available post-service information.  However, the Board finds no basis for clemency in the case.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02916 in Executive Session on 12 July 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 31 May 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, SAF/MRBC, dated 5 October 2017.
Exhibit D:	Advisory opinion, AFLOA/JAJM, dated 30 March 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.